United States v. Robert Louis Boettjer

The appellant, Dr. Boettjer, a registered physician licensed to practice medicine in California, was convicted after a five day jury trial on seven counts of an indictment charging him with the unauthorized distribution and attempted distribution of controlled substances in violation of 21 U.S.C. § 841 and 21 U.S.C. § 846 . He was sentenced to two years imprisonment on each count, to run concurrently, in addition to a fine of $15,000 payable over five years. Execution of the sentence was suspended and he was placed on probation for a period of five years. A special parole term of two years was also imposed as to each count, to run concurrently. Error is alleged with respect to the District Court’s instruction to the jury on the elements of the crime charged and its refusal to give certain instructions requested by the appellant. We affirm.

I.

Between March 12, 1976 and May 3, 1976 three part-time investigators of the Drug Enforcement Administration made a number of visits to the appellant’s office, representing themselves as patients, and sought prescriptions for methaqualone (a depressant, commonly known as quaalude) and methylphenidate (a stimulant, commonly known as ritalin).…